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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5211 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5211

To amend the Foreign Assistance Act of 1961 to modify the Presidential 
              drawdown authority, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

Mr. Lee (for himself and Mrs. Blackburn) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To amend the Foreign Assistance Act of 1961 to modify the Presidential 
              drawdown authority, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safeguarding Our Stockpiles Act''.

SEC. 2. MODIFICATION OF PRESIDENTIAL DRAWDOWN AUTHORITY.

    Section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2318(a)) is amended--
            (1) in paragraph (1), in the undesignated matter following 
        subparagraph (B)--
                    (A) by striking ``he may direct,'' and inserting 
                ``the President may direct, subject to paragraph 
                (4),''; and
                    (B) by inserting ``, except as provided in 
                paragraph (5)'' after ``fiscal year''; and
            (2) by adding at the end the following new paragraphs:
    ``(4)(A) The President may direct the drawdown of defense articles, 
defense services, and military education and training under paragraph 
(1) only during the 20-day period beginning on the date on which the 
President reports to Congress that an unforeseen emergency exists under 
such paragraph.
    ``(B) The authority to deliver defense articles, defense services, 
and military education and training pursuant to a drawdown directed 
under paragraph (1) shall expire at the end of the fiscal year in which 
the drawdown was directed.
    ``(5)(A) The President may direct the drawdown of defense articles, 
defense services, and military education and training under paragraph 
(1) of an aggregate value that would exceed $100,000,000 in a fiscal 
year if--
            ``(i) the President submits to Congress--
                    ``(I) a request for authorization to direct such a 
                drawdown of an aggregate value that exceeds 
                $100,000,000 for that fiscal year; and
                    ``(II) a report that an unforeseen emergency 
                exists, in accordance with paragraph (1);
            ``(ii) after the submission of such request and report, 
        there is enacted a joint resolution or other provision of law 
        approving the authorization requested; and
            ``(iii) Congress has authorized appropriations in a 
        specific amount sufficient to replenish the aggregate value of 
        the proposed drawdown.
    ``(B)(i) Each request submitted under subparagraph (A)(i) may 
request authorization to direct a drawdown under paragraph (1) for only 
one intended recipient country.
    ``(ii) A resolution or other provision of law described in 
subparagraph (A)(ii) may approve a request for authorization to direct 
a drawdown under paragraph (1) for only one intended recipient country.
    ``(6)(A) Any resolution described in paragraph (5)(A)(ii) may be 
considered by Congress using the expedited procedures set forth in this 
paragraph.
    ``(B) For purposes of this paragraph, the term `resolution' means 
only a joint resolution of the two Houses of Congress--
            ``(i) the title of which is as follows: `A joint resolution 
        approving the use of the special authority provided by section 
        506(a)(1) of the Foreign Assistance Act of 1961 in excess of 
        the fiscal year limitation.';
            ``(ii) which does not have a preamble; and
            ``(iii) the sole matter after the resolving clause of which 
        is as follows: `The proposed use of the special authority 
        provided by section 506(a)(1) of the Foreign Assistance Act of 
        1961 in excess of the fiscal year limitation, to respond to the 
        unforeseen emergency in ________________, which was received by 
        Congress on __________ (Transmittal number), is authorized', 
        with the name of the intended recipient country and transmittal 
        number inserted.
    ``(C) A resolution described in subparagraph (B) that is introduced 
in the Senate shall be referred to the Committee on Foreign Relations 
of the Senate. A resolution described in subparagraph (B) that is 
introduced in the House of Representatives shall be referred to the 
Committee on Foreign Affairs of the House of Representatives.
    ``(D) If the committee to which a resolution described subparagraph 
(B) is referred has not reported such resolution (or an identical 
resolution) by the end of 10 calendar days beginning on the date of 
introduction, such committee shall be, at the end of such period, 
discharged from further consideration of such resolution, and such 
resolution shall be placed on the appropriate calendar of the House 
involved.
    ``(E)(i) On or after the third calendar day after the date on which 
the committee to which such a resolution is referred has reported, or 
has been discharged (under subparagraph (D)) from further consideration 
of, such a resolution, it is in order for any Member of the respective 
House to move to proceed to the consideration of the resolution. All 
points of order against the resolution (and against consideration of 
the resolution) are waived. The motion is highly privileged in the 
House of Representatives and is privileged in the Senate and is not 
debatable. The motion is not subject to amendment, or to a motion to 
postpone, or to a motion to proceed to the consideration of other 
business. A motion to reconsider the vote by which the motion is agreed 
to or disagreed to shall not be in order. If a motion to proceed to the 
consideration of the resolution is agreed to, the respective House 
shall immediately proceed to consideration of the joint resolution 
without intervening motion, order, or other business, and the 
resolution shall remain the unfinished business of the respective House 
until disposed of.
    ``(ii) Debate on the resolution, and on all debatable motions and 
appeals in connection therewith, shall be limited to not more than 10 
hours, which shall be divided equally between those favoring and those 
opposing the resolution. An amendment to the resolution is not in 
order. A motion further to limit debate is in order and not debatable. 
A motion to postpone, or a motion to proceed to the consideration of 
other business, or a motion to recommit the resolution is not in order. 
A motion to reconsider the vote by which the resolution is agreed to or 
disagreed to is not in order.
    ``(iii) Immediately following the conclusion of the debate on the 
resolution and a single quorum call at the conclusion of the debate if 
requested in accordance with the rules of the appropriate House, the 
vote on final passage of the resolution shall occur.
    ``(iv) Appeals from the decisions of the Chair relating to the 
application of the rules of the Senate or the House of Representatives, 
as the case may be, to the procedure relating to a resolution shall be 
decided without debate.
    ``(F)(i) If, before passage by one House of a resolution of that 
House described in subparagraph (B), that House receives from the other 
House a resolution described in subparagraph (B), then the following 
procedures shall apply:
            ``(I) The resolution of the other House shall not be 
        referred to a committee.
            ``(II) The consideration as described in subparagraph (E) 
        in that House shall be the same as if no resolution had been 
        received from the other House, but the vote on final passage 
        shall be on the resolution of the other House.
    ``(ii) Upon disposition of the resolution received from the other 
House, it shall no longer be in order to consider the resolution that 
originated in the receiving House.
    ``(G) This paragraph is enacted by Congress--
            ``(i) as an exercise of the rulemaking power of the Senate 
        and the House of Representatives, respectively, and as such it 
        is deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a resolution described in 
        subparagraph (B), and it supersedes other rules only to the 
        extent that it is inconsistent with such rules; and
            ``(ii) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    ``(7) In this subsection, the term `unforeseen emergency' means a 
direct kinetic attack--
            ``(A) on a bilateral or multilateral treaty ally of the 
        United States, undetected or reasonably unforeseen by United 
        States intelligence assessments, by an adversary of the United 
        States; and
            ``(B) that poses a direct or imminent threat to United 
        States security interests, as outlined in the most recent 
        national defense strategy of the United States.''.
                                 <all>
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